Highline Tack, LLC, its affiliated companies (“Direct Saddles”, “Highline Tack” or “Fineline Tack” or “we” or “us”) and the associated websites were formed to sell pre-owned saddles, equestrian apparel and horse-related equipment. Therefore, the privacy of all of our members and stakeholders – your privacy – is something we take extremely seriously. This policy details how we treat the personal information that we collect, what settings we provide for you to control how your information is used on Direct Saddles, Highline Tack and Fineline Tack, and how you can contact us with any questions or concerns. This policy is not a contract between Highline Tack LLC and its users, but is merely a recitation of Highline Tack LLC policies.
This policy describes the types of information we may collect from you or that you may provide when you visit the websites directsaddles.com, highlinetack.com, finelinetack.com or any of their affiliated websites (our “Website”) directly and our practices for collecting, using, maintaining, protecting, and disclosing that information. It also applies to information we collect: (a) in email, text, and other electronic messages between you and this Website; (b) through mobile and desktop applications, which provide dedicated non-browser-based interaction between you and this Website; (c) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and (d) through any other sources associated with the Website or Apps. We’ll refer to the Website, the Apps, anything related to the same, and our other services as the “Services.” Your data is collected by Highline Tack, LLC, a North Carolina Limited Liability Company. Highline Tack LLC is committed to collecting this data in compliance with the EU-U.S. Privacy Shield Framework.
To the maximum extent permitted by law, the policy does not apply to information collected by: (a) us offline; or (b) by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Services, you expressly agree to this policy. This policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Information We Collect About You
We collect or receive several types of information from and about users of our Services, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Services collect that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline. Depending on which Services you choose to use, Highline Tack LLC may require additional information, such as billing information (including billing address, phone number, credit card information), a mobile telephone number, a physical mailing address, and/or payment information. Our payment providers may require additional information such as your social security number or tax ID, date of birth, bank account information and/or credit card information in order to verify your identity and provide this service to you (collectively “personal information”); (b) that is about you but individually does not identify you, such as username or alias; and/or (c) about your internet connection, the equipment you use to access our Services and usage details. By using the Services, you agree to provide any information necessary to verify your identity. We collect this information: (a) directly from you when you provide it to us; or (b) indirectly from you, for example, automatically as you navigate through the Website or use our Services, which may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, including geo-location, as further described in Section 5; and/or (c) from our marketing and advertising partners. Some members or visitors may choose to connect to Highline Tack LLC websites or register with Highline Tack LLC websites using an external third-party application, such as Facebook. Highline Tack LLC may receive information from those connected third-party applications, such as your name, email, and profile photo. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. The information we collect as described in this Section and Sections 4 and 5, are used for the purposes described in Section 6.
Information You Provide to Us
We may also collect information from you through our Services which may include: (a) information that you provide by filling in forms; (b) information provided at the time of registering to use our Services; (c) information when you enter a promotion sponsored by us; (d) information when you report a problem with our Services; (e) records and copies of your correspondence (including email addresses), if you contact us; (f) your responses to surveys that we might ask you to complete for research purposes; (g) details of transactions you carry out through our Services and of the fulfillment of your orders; (h) financial and payment information before placing an order through our Website; and (i) your search queries and other interactions on the Website or through our Apps. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Apps, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and its contents to you and our users; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your membership; (e) to carry out our obligations and enforce any rights arising from any contracts entered into on the Website, including for billing and collection; (f) to notify you about changes to our Website or any products or services we offer or provide though it; (g) to allow you to participate in interactive features on our Website; (h) in any other way we may describe when you provide the information; (i) for any other purpose such as with your consent; (j) we may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you; and (k) we may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences, or from us. Even though we do not disclose your personal information for these purposes without a basis such as your consent, if you click on or otherwise interact with an advertisement, the advertiser may show you more or similar ads based on its own targeting criteria.
Disclosure of Your Information
Choices About How We Use and Disclose Your Information
Accessing and Correcting Your Information
Highline Tack LLC uses your data as disclosed in this policy, as disclosed for other purposes with your consent (or on other legitimate bases), or as necessary for the operation of the Website. If you would like to further limit the use of your data, we are happy to work with you, but may not be able to provide full access to the Website. Please contact us at firstname.lastname@example.org to discuss limiting the use of your personal data.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other sensitive information will be encrypted using secure socket layer (SSL) technology. Highline Tack LLC follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Highline Tack LLC receives it. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Highline Tack LLC will retain your information for as long as your account is active or as needed to provide you services. If you no longer want Highline Tack LLC to use your information to provide you services, you may close your account. After closing your account, Highline Tack LLC will solely retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you suspect a data breach, please contact us at email@example.com
1. Direct Saddles is a Marketplace/Venue Direct Saddles acts as a marketplace/venue
(A) Age: Direct Saddles is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, Direct Saddles’s services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Direct Saddles may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Direct Saddles’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Direct Saddles of any unauthorized use of your password or any breach of security. You also agree that Direct Saddles cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than Direct Saddles without Direct Saddles’s express written permission.
(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Direct Saddles you must provide andmaintain valid payment information such as valid credit card information, contact information and/or a valid Intuit or PayPal account.
(E) Account Transfer: You may not transfer or sell your Direct Saddles account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Right to Refuse Service: ACCESS TO DIRECT SADDLE’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT DIRECT SADDLES’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS DIRECT SADDLES’S SITE. Direct Saddles will terminate any user who it determines is providing services competitive to Direct Saddles through the Site. Direct Saddles’s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended Direct Saddles members. Additionally, v reserves the right, in Direct Saddles’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
Fees and Services
Joining and setting up a shop on Direct Saddles is free. Direct Saddles does not charge fees to list an item for sale. Direct Saddles does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. The Direct Saddles billing policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for Direct Saddles’s services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. Direct Saddles may also choose to temporarily change the Billing Policy and the fees for Direct Saddles’s services for promotional events (for example, free listing days); such changes are effective when Direct Saddles posts the temporary promotional event on the Site or otherwise notifies you of the change.
Fees and Termination: If Direct Saddles terminates a listing or your account, if you close your account, or if the payment of your Direct Saddles fees cannot be completed for any reason, you remain obligated to pay Direct Saddles for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT DIRECT SADDLES MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST DIRECT SADDLES FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact Direct Saddles.
(A) Your Content: Direct Saddles does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant Direct Saddles a license solely to enable Direct Saddles to use any information or Content you supply Direct Saddles with, so that Direct Saddles is not violating any rights you might have in that Content. You grant Direct Saddles a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate Direct Saddles’s ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Direct Saddles to store or re-format your Content on Direct Saddles and display your Content on Direct Saddles in any way as Direct Saddles chooses. Direct Saddles can also use any transactional information including sale date and final price for sales completed on Direct Saddles as it sees fit.
(C) Re-Posting Content: By posting Content on Direct Saddles, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold Direct Saddles harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own Direct Saddles-hosted image on another website, the image must provide a link back to its listing page on Direct Saddles.
(D) Idea Submissions: Direct Saddles considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Direct Saddles shall not be liable for the disclosure or use of such Material. If, at Direct Saddles’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Direct Saddles will also consider that Material to be non-confidential and non-proprietary and Direct Saddles will not be liable for use or disclosure of the Material. Any communication by you to Direct Saddles is subject to this Agreement. You hereby grant and agree to grant Direct Saddles, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in allother ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Direct Saddles does not control the Content provided by users that is made available on Direct Saddles. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Direct Saddles users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Direct Saddles, you agree to accept such risks and expressly agree that Direct Saddles (and Direct Saddles’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Direct Saddles. Please use caution, common sense, and practice safe buying and selling when using Direct Saddles.
Other Resources: Direct Saddles is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Direct Saddles does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Direct Saddles shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(A) JAMS: In the event a dispute arises between you and Direct Saddles, please contact Direct Saddles. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Orange County, North Carolina, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims,and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the North Carolina District Court 15B. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and Direct Saddles agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE DIRECT SADDLES (AND DIRECT SADDLES’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. Direct Saddles encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Direct Saddles, for the benefit of users, may try to help users resolve disputes. Direct Saddles does so in Direct Saddles’s sole discretion, and Direct Saddles has no obligation to resolve disputes between users or between users and outside parties. To the extent that Direct Saddles attempts to resolve a dispute, Direct Saddles will do so in good faith based solely on Direct Saddles’s policies. IN THE EVENT DIRECT SADDLES INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE DIRECT SADDLES (AND DIRECT SADDLES’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.
If you do not respond to Direct Saddles’s inquiry regarding a dispute within forty-eight (48) hours, Direct Saddles reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.
(G) Feedback: DIRECT SADDLES WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF DIRECT SADDLES POLICIES AS DETERMINED BY DIRECT SADDLES IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE DIRECT SADDLES (AND DIRECT SADDLES’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.
From time to time Direct Saddles may offer financing options and alternatives through third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of Direct Saddles and Direct Saddles is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against Direct Saddles that arise out of your use of, or the services of, any Financing Vendors.
Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with Direct Saddles and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from Direct Saddles. You hereby expressly consent to communications of any kind from Direct Saddles to the fullest extent permissible by law.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to Direct Saddles. Please note that some changes to your account settings may take a few days to take effect.
DIRECT SADDLES’s Intellectual Property
Direct Saddles, and other Direct Saddles graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Direct Saddles or its affiliated companies in the U.S. and/or other countries. Direct Saddles’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Direct Saddles.
Access and Interference
Direct Saddles may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Direct Saddles is updated on a real-time basis and is proprietary or is licensed to Direct Saddles by Direct Saddles’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Direct Saddles for any purpose whatsoever, except to the extent expressly permitted by Direct Saddles’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in Direct Saddles’s sole discretion, an unreasonable or disproportionately large load on Direct Saddles’s infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass Direct Saddles’s robot exclusion headers or other measures Direct Saddles may use to prevent or restrict access to Direct Saddles.
DIRECT SADDLES IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
DIRECT SADDLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE DIRECT SADDLES’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. DIRECT SADDLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DIRECT SADDLES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL DIRECT SADDLES, AND (AS APPLICABLE) DIRECT SADDLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, DIRECT SADDLES’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. DIRECT SADDLES’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DIRECT SADDLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DIRECT SADDLES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON NCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
No Guarantee of Continuous Service
Direct Saddles does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside Direct Saddles’s control.
Copyright Policy & Intellectual Property Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact Direct Saddles at firstname.lastname@example.org
Trademarks for Modified Instruments
Users of the Site who engage in modifications of equipment or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but Direct Saddles will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).
Direct Saddles offers gift cards for purchase. The terms and conditions related to Direct Saddles gift cards are located on our website under “gift cards”.
Direct Saddles Sites
Direct Saddles Integrations
Your use of Direct Saddles Integrations indicates your assent to Direct Saddles’s Terms and Policies contained herein. By utilizing Direct Saddles Integrations, you acknowledge that Direct Saddlesis providing an integration of the directsaddles.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing Direct Saddles Integrations. While Direct Saddles is providing Direct Saddles Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the Direct Saddles Integrations user. You hereby waive any and all claims against Direct Saddles, its officers, directors, employees and agents related to the use, maintenance, design and content of your Direct Saddles Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your Direct Saddles Integration(s). You further agree to indemnify and hold Direct Saddles harmless for any third party claims or complaints associated with your use of Direct Saddles Integration(s). Direct Saddles Integrations are provided “as is” and with all faults. DO NOT UTILIZE DIRECT SADDLES INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.
The Price Guide is a tool for Direct Saddles users that bases its information on recent transactions on the Site or relevant external market data. Direct Saddles does not warrant its accuracy nor guarantee that items will sell within the stated parameters.
Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Direct Saddles service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Direct Saddles’s net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. Direct Saddles cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; Direct Saddles assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through Direct Saddles. If you complete 200 transactions or more and receive over $20,000 in gross income from the site, exclusive of Direct Saddles’s fees, you will receive a Form 1099 from Direct Saddles and be obligated to pay income tax on your earnings. Direct Saddles is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.
Proposition 65 – California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read: WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov. WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov. We encourage all Direct Saddles users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on Direct Saddles. You agree to indemnify and hold Direct Saddles harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Direct Saddles are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Modification of Service or Terms and Policies
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of North Carolina, excluding its conflicts of laws rules, and the United States of America.
Sanctioned Countries and Endangered Species
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Direct Saddles; Attn: Legal Department; 1011 S Hamilton Rd. Suite 216 Chapel Hill, North Carolina 27517 (in the case of Direct Saddles) or, in your case, to the email address you provide to Direct Saddles (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, Direct Saddles may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Direct Saddles. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Highline Tack, LLC, located at 1011 S Hamilton Rd. Suite 216 Chapel Hill, North Carolina 27517. If you are a North Carolina resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information
Code of Conduct
Direct Saddles Code of Conduct
Direct Saddles requires that all users of its sites adhere to the following Code of Conduct as a seller or buyer on the Direct Saddles website:
- Only use the platform if you are over 18 years old or have the supervision of an adult or guardian who is over 18 years old.
- You are solely responsible for your conduct and activities on Direct Saddles and regarding to and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Direct Saddles.
- Your Content and your use of Direct Saddles shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. You may not list items that encourage the sale of counterfeit or fraudulent items such as blank certificates or other blank items that can be used to claim authenticity. Nor can you sell certificates of authenticity independent of the actual tack or item to which it’s attributable.
- You shall not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- You shall not violate any applicable law, statute, ordinance or regulation.
- You shall not sell items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
- Do not use a fake identity.
- Do not create a new or alternate account to avoid restrictions or limitation imposed on another account.
- Do not interfere with another users’ business or listing(s).
- Do not take any transaction off-site.
- Do not make false claims about other users.
- Always treat other users with respect.
- Always treat the Direct Saddles staff with respect.
- Do not make threats against Direct Saddles or its staff.
- Always provide accurate personal and contact information.
- Do not engage in any illegal activity, including the infringement of intellectual property, listing items that do not exist or you do not own, shipping items that are different from your listing or the applicable order, money laundering or other forms of fraud.
- Do not engage in discrimination or hate speech of any kind including adverse references to age, race, national origin, religion, gender, gender identity, sexual orientation or pregnancy.
- Do not use the platform to engage in threats of violence or to encourage violence in any manner.
- Do not use the platform to harass, impersonate or intimidate other users.
- Do not use the site to engage in the transmission of pornography or any obscene materials.
Your access to any and all Direct Saddles websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Direct Saddles user. Determinations will be made at the sole discretion of Direct Saddles and may be implemented without warning or the ability to cure.
In order for Direct Saddles to function optimally, Direct Saddles sellers should adhere to the following standards governing their listing:
- By listing an item on the Site you warrant that you and all aspects of the item comply with Direct Saddles’s published policies.
- You warrant that you may legally sell the item.
- You must accurately describe your item and all terms of sale on your Direct Saddles listings.
- Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself.
- You may not use stock photography unless you are an authorized dealer or it is a pre-order offer direct from a manufacturer or an authorized distributor. You also may not use content developed by third parties without their express written permission.
- Listings may not include links or reference to other selling venues, external listings, websites or selling channels. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. Any such additions will be removed from the listing by Direct Saddles without notice.
- All items must be listed in an appropriate category with appropriate tags.
- Each listing must accurately and completely describe the item/items for sale in that listing.
- If the “in stock” quantity is more than one, all items in that listing must be identical.
- Each unique item must have its own listing.
- Your listing shall not promote the sale of items or the use of images that denigrate any race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation, unless there is established and recognized historic, artistic, social or political value in the gear or image. Direct Saddles will carefully review any such listings in order to provide a fair and reasonable resolution, but Direct Saddles retains the sole right to make any final determination on this issue.
- Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Your listing shall not host images not part of a listing.
- Your listing shall not modify, adapt or hack Direct Saddles or modify another website so as to falsely imply that it is associated with Direct Saddles. Your listing shall not appear to create liability for Direct Saddles or causeDirect Saddles to lose (in whole or in part) the services of Direct Saddles’s ISPs or other suppliers.
- Your shop may not contain a name deemed offensive, in Direct Saddles’s sole discretion.
- You may not list any item on Direct Saddles (or consummate any transaction that was initiated using Direct Saddles’s service) that, by paying to Direct Saddles the listing fee or the final value fee, could cause Direct Saddles to violate any applicable law, statute, ordinance or regulation, or that violates the Terms and Conditions.
- The price stated in each item listing description must be an accurate representation of the sale.
- Direct Saddles reserves the right to edit or amend listings that violate any of its terms, conditions or policies.
- You may not misrepresent the item’s location, or use another user’s account without permission.
Your access to any and all Direct Saddles websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Direct Saddles user. Determinations will be made at the sole discretion of Direct Saddles and may be implemented without warning or the ability to cure.
All sellers must adhere to Direct Saddles’s selling policies. They can choose to offer a trial period or not on each saddle listing. Each listing must follow Direct Saddles’s selling and shipping policies.
Binding Sale and Shipping Obligations
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on Direct Saddles, the buyer agrees to the specific return and other policies set forth by the individual seller and the seller is obligated to adhere to the Direct Saddles return policy. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make Direct Saddles a party to the transaction. Accordingly, Direct Saddles retains the right to suspend or terminate a user’s privileges for failing to consummate a transaction, but Direct Saddles does not have a mechanism to force the completion of a sale or force acceptance of payment. Any failure to complete a binding sale may result in immediate termination of your membership to Direct Saddles.
Delivery Policy and Refunds/Returns
If you sell an item on Direct Saddles, you are obligated to deliver the actual item that was sold, or one of the series, in a reasonable period of time after the sale. You cannot deliver a substitute or replacement item, or withhold delivery, without the express consent of the buyer. If you have not shipped within three (3) business days of completing the sale, Direct Saddles reserves the right to issue a refund to the buyer on your behalf. To the extent there are issues with payment, please direct them to Direct Saddles support team at support@DirectSaddles.com. If a buyer wishes to return the item from a trial (no returns are accepted for non-trial listings), you are obligated to follow Direct Saddles’s policies on returns and refunds or, in the instance of a sale in the EU, may be obligated to accept a return pursuant to EU law (see below). EU law may require that you accept a return, depending on the reason for the return. Please observe and understand the requirements set forth here.
Off-Site Transactions/Void Transactions/Fee Avoidance
No sales may be carried out via private message as a means to avoid Direct Saddles’s sales fee. Any other efforts to move sales initiated on Direct Saddles off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Direct Saddles’s policies or protections. Direct Saddles reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. You waive any and all claims against Direct Saddles for such fee.
You agree that you will not use a Direct Saddles shipping label to send anything harmful or dangerous. You agree to indemnify and hold Direct Saddles, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.
As a seller, you are responsible for collecting and remitting any sales, or other, taxes due and owing on your sales. You agree to indemnify and hold Direct Saddles, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.
Waiver of Claims
You acknowledge that Direct Saddles is only a marketplace that provides a digital connection for users. Direct Saddles is not a party to the actual transaction. You expressly waive and release Direct Saddles (and Direct Saddles’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the failure of a user to complete a sale